Emily Sortor  |  March 13, 2020

Category: Legal News

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Clearview AI allegedly scraped photos with facial recognition softwareAn Illinois resident has filed a class action lawsuit against Clearview AI Inc. over claims that the company unlawfully collected her biometric information and that of many others.

The Clearview AI biometric information class action lawsuit was filed by Facebook user Maria Broccolino. She claims that Clearview obtained her image from her Facebook account and added it to their database.

Allegedly, this was done without Broccolino’s consent and in violation of Illinois’ Biometric Information Privacy Act.

Broccolino alleges that, on March 4, 2020, she sent Clearview AI a letter requesting that the company confirm that her image is stored in the database. However, she has reportedly not yet received a response. 

The BIPA violation class action lawsuit explains that Clearview is a company that provides a “search engine” service to organizations who wish to identify individuals. Allegedly, Clearview AI “scrapes” images from sites including Facebook, LinkedIn, YouTube, Venmo, Twitter, and Google, and then applies facial recognition technology to images in its database.

The Clearview AI images class action lawsuit says the company acts in opposition to some social media sites’ terms of service. Some sites, including Facebook, YouTube, and Google, have allegedly sent Clearview cease and desist letters.

According to Broccolino, when a client uploads an image to the search engine, Clearview AI then returns links to images that match the uploaded image. The links often provide information about the person identified and not just their image, the plaintiff says.

The Illinois privacy law violation class action lawsuit says Clearview’s clients are organizations who wish to obtain private information about people in the company’s data base and who then can get links to the subjects’ social media sites. Allegedly, clients include government organizations around the world, department stores, sports organizations, and entertainment venues.

Broccolino notes that the company has also sold this information to wealthy private individuals and to organizations with a “history of human rights violations,” implying that the company put individuals’ privacy at risk for the sake of its profits. The Clearview AI class action lawsuit points to a recently leaked list of clients revealed to the public by BuzzFeed and other outlets.

The plaintiff says her images, and the images of many others, were collected without their consent. She argues that the images constitutes biometric information, meaning that Clearview’s collection of facial recognition information falls under Illinois’ Biometric Information Privacy Act. 

Broccolino claims that Clearview AI’s violations continue because the company fails to inform individuals of how their information will be used, stored, and disposed of. Additionally, the plaintiff argues that the company violates the law by disclosing the information to other parties.

The plaintiff is not the only individual to have made claims against the company — Clearview AI faces another class action lawsuit taking issue with the company’s collection of facial images.

Have you had your biometric information collected? Tell us about your experience in the comments below.

Broccolino is represented by Lynda J. Grant of The Grant Law Firm PLLC and Melissa R. Emert of Stull Stull & Brody.

The Clearview Biometric Data Collection Class Action Lawsuit is Maria Broccolino v. Clearview AI Inc., Case No. 1:20-cv-02222, in the U.S. District Court for the Southern District of New York.

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3 thoughts onClearview AI Class Action Filed Over Scraped Photos

  1. Timothy says:

    How can I find out

  2. Douglas Raybuck says:

    I imagine they have stolen photos of me, but I don’t want to provide them with a head shot with my request to find out if they have. It’s my understanding that that is a requirement.

  3. Sandra McAlister says:

    How would I know?

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